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Home My WebLink About04-27-1981 Council Minutes . I. � , CITY OF ORONO Regular Meeting of the Orono Council, 7 :00 P.M. April 27, 1981 The Orono Council met on the above date with the following members presezit : Mayor Van Nest, Councilmembers Butler, Hannah, Hurr, and Paurus . Also present : City Planner Olson, City Attorney Malkerson, Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Planning Commission members Hammerel and Jabbour, and City Clerk Strom. Absent: City Administrator Benson and City Engineer Cook. At 7 :02 P.M. , Mayor Van Nest announced that now PUBLIC HEARING was the time and place for the public hearing Willow Drive concerning a petition to close Wiilow Drive between Fox Street and Brown Road South. City Clerk Strom presented the Notice of Public Hearing and the Affidavit of Publication. John Gerhardson, Public Works Coordinator , showed a sketch of the area and explained the locations of the proposed cul de sacs. Mayor Van Nest informed the public that the City had inquired at the school, fire department and police department if there would be any problems if the street were closed and the cul de sacs put in. The City was informed that there would be no problems if the streets were properly signed. Mr . Curt Quady, 1223 Brown Road South: I did some research on this project and talked to Mr . Jim Vosh, Hennepin County Planner, who informed me of some past history concerning Willow Drive . He informed me that Medina, in 1976 , wanted a north/ south road upgraded from their Village to Highway #12 , which in no way would include upgrading Willow Drive south of Highway #12 ; that there was no need to worry about County Road #15 being upgraded to a four-lane highway. Mr. Vosh informed me that County Road #15 would never be upgraded due to the opposition they encountered during the past few years . I would like to know who will pay for the cul de sacs? If we can 't maintain Willow Drive , we can always go through the Webber Hills development. John Gerhardson reported on the traffic count for Willow Drive during a 24-hour period statir�g that it was done during spring weight restrictions on the road, therefore , the count was not accurate due to no trucks being allowed on the road during the spring thaw. (Continued) � R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1981 Page 2 Jerry Fesenmaier, 740 Willow Drive : No objections to PUBLIC HEARING the road staying open but we want it in the same Willow Drive condition 24 hours a day, 365 days a year the same (Continued) as Fox Street and Brown Road, but the ground underneath will not allow that, so there is no alternative but to close it. Mrs. McWilliams, 1130 Willow Drive : I heard it stated that other people should stay off this road that do not live on it, but this is a Village road and has been for the people for many years. Mr . Golden, 1380 Railroad: How can you keep people off of the road? Mayor Van Nest: By closing the road as a continuous road and having cul de sacs that would be paid for by the City, but you are paying for the upkeep. Costs to upgrade Willow Drive to accommodate through traffic would cost about $290 ,000 ; costs for construction of cul de sacs approximately $3 , 500 . Mr. McWilliams : Who prepared those estimates? I would like to review them. Just the plans would cost that much. Mayor Van Nest: The City would put in the cul de sacs. Mr. Edwin Ritchie , 2180 Webber Hills : If Willow Drive is closed, how much traffic will go down Webber Hills? Mayor Van Nest: If the road is closed, only about four families would be using Webber Hills Road. Mrs. Mary Stinson, 2040 Spates Avenue : If you close the road, many people will be inconvenienced, I have walked Willow Drive many times and usually see only about three or four cars. Mr . Norman Theiste , 680 Willow Drive : The street should be upgraded. Trucks use it all the time and dig up the repaired road right afterwards. Mary Rhodes, 1115 Willow Drive : How many children are school age? I counted 17 school }��Ses going past today. Burt Corwin, 1000 Willow Drive : Do you have any figures for the cost of maintaining the road now? John Gerhardson : No breakdown of costs. Materials for the past several years is approximately $5 ,000 . Mayor Van Nest closed the public hearing at 7 : 37 P.M. (Continued) , REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13 , 1981 Page 3 Discussion included costs for repairing the street PUBLIC HEARING as a through street, and the costs for closing the Willow Drive street and adding the two cul de sacs; more accurate (Continued) traffic counts are necessary; putting a restriction on trucks and busses using the street, and costs for maintenance for cul de sacs and an upgraded road. Mayor Van Nest moved, Hurr seconded, to table the request to close Willow Drive and put in cul de sacs until more information is available and the above questions and answered. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Hurr seconded, to approve the CONSENT AGENDA* Consent Agenda*, excluding items #28 and #39 , with all staff reports concerning items reviewed at this meeting to be attached to the original copy of these minutes on file in the City Clerk ' s office. Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest moved, Hurr seconded, to approve the MINUTES* Minutes of the Joint Council/Planning Commission meeting of April 5, 1981 . Motion, Ayes (5) - Nays (0 ) . No comments from the Park Commission. PARK COMMISSION No comments from the Lake Minnetonka Conservation LMCD REPORT District representative. No Comments from the Planning Commission. PLANNING COMMISSION Alan Olson, City Planner , reviewed with the City PUBLIC HEARING DATE Council a proposed ordinance providing for the Ordinance - Fire Lanes establishment of no-parking for fire lanes. Mayor Van Nest moved, Paurus seconded, that a public hearing be held May 27, 1981 at 7 : 00 P.M. on the proposed ordinance providing for the establishment of no-parking for fire lanes. Motion, Ayes (5) - Nays (0 ) . Alan Olsan, City Planner, discussed the Forest FOREST ARMS LAKE ACCESS Arms Lake access with the City Council. This item was tabled until the next meeting for more staff review. No comments from the public. PUBLIC COMMENTS , REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1981 Page 4 � Jeanne Mabusth, Zoning Administrator, reviewed with SUBDIVISION the City Council the request of Daryle Uphoff for 2497-99 , 2501-03 Kelly a subdivision at 2497-99 and 2301-03 Kelly Avenue. #568 Daryl Uphoff Mr. Uphoff was not present. Hurr mo��d, Butler seconded, to table the request of Da.ryl Uphoff for a subdivision at 2497-99 and 25Q1-03 Kelly Avenue and reguest staff to draft a letter to Mr. Uphoff to request his presence at the next Council meeting to answer questions concerning his subdivision. Motion, Ayes (5) - Nays (0) . Mr. Judd Ringer was present to discuss his request CONDITIONAL USE PERMIT for a proposed subdivision and conditional use permit 2280 Wayzata Boulevard application for Parkview Treatment Center at 2280 #595 Wayzata Boulevard. Judd Ringer Lois Mathewson, 900 Willow Drive North and George Johnson, 879 Brown Road North, were both concerned about the heavy traffic at Willow Drive and Highway #12 . Discussion included the number of beds requi,red, safety, how many personnel, traffic, what other purpose could the building be used for if Parkview moved out, security, and the use of the lake in that area. Paurus moved, Hannah seconded, that this is an appropriate activity as covered by the Orono counditional use permit for the Parkview Treatment Center. Mayor Van Nest amended the motion to stipulate that " the Planning Commission address themselves to a limited size for the structure, age of patients, number of patients; to address the traffic issue and security; guarantee a buffer area between this operation and the residential area; the possibility of an open space easement for at least part of that area, especially adjacent to the lake; and to the usage of the lake. Seconded by Hannah. Motion for the amendment, Ayes (5) - Nays (0 ) . Motion for the first motion by Councilmember Paurus. Ayes (5) - Nays (0) . Jeanne Mabusth, Zoning Administrator, reviewed with CONDITIONAL USE PERMIT the City Council the after-the-fact application for 3340 Watertown Road a conditional use permit for filling and grading for #597 Verne Hubbell, 3340 Watertown Road. Verne Hubbell Mr . Hubbell was present. (Continued) , �EGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1981 Page 5 Hurr moved, Butler seconded, that a resolution be CONDITIONAL USE PERMIT drafted appro��ing the after-the-fact granting of 3340 Watertown Road a conditional use permit per the Planning Commission (Continued) recommendations, as follows : 1. All fill to be moved out of the wetlands to a distance of 26 ' . At completion, the entire fill area must be 26 ' from defined wetland. 2 . All concrete chunks and cement blocks buried to allow adequate maintenance . 3 . The remaining fill area to be graded such that no slope exceeds 4 : 1. 4 . Entire disturbed area to be reseeded. 5. Hay bales to remain in place until corrective work has been completed and the ground cover has taken hold. 6 . Subject area may never be used as a fill site again. 7 . All corrective work is to begin as soon as the road restrictions are removed. Work to be completed within three months, approximately August 1 , 1981 . Motion, Ayes (5) - Nays (0) . Jeanne Mabusth, Zoning Administrator, reviewed the SUBDIVISION request of John Laurent, 625 North Ferndale Road, 625 North Ferndale Road for a preliminary subdivision. #599 John Laurent Mr . Laurent was present ta review his application. Mayor Van Nest moved, Butler seconded, to approve the request for a preliminary subdivision of John Laurent, 625 North Ferndale Road, per the Planning Commission recommendations, as follows : 1. Access to Lot 2 is via a platted 46 ' wide corridor 2 . Access to Lot 1 must be approved by the City staff - approved access area may only be located along the north side of Lot 1 . 3 . Flowage and Conservation easement over the designa�ed wetlands. 4 . Underlying road and utilities easement acquired by City over Lotlot A. 5. Payment of a park dedication fee in the amount of _ $400 .00 - $200 .00 per lot. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1981 Page 6 and subject to an additional 10 ' on the Outlot with SUBDIVISION necessary easement to the City for future street, at 625 North Ferndale Road this time , then grant a variance to the lot size. (Continued) Motion, Ayes (4) - Nays (1) . Councilmember Hurr Nay. Mr. & Mrs . James Rivers and their attorney, Louis B. WINDWARD MARINE Oberhauser, were present to discuss their 1981 Marina license for the Windward NTarine . Mayor Van Nest moved, Hannah seconded, to table the 1981 Marina License for the Windward Marine until a survey showing the location of docks is available . Motion, Ayes (5) - Nays (0 ) . Mr . Paul Kempf was present to review with the City NORTH STAR M�IRINA Council 'nis application fer the 1981 Marina License . Mayor Van Nest moved, Hurr seconded, that staff draft a resolution to grant the 1981 Marina License for the North Star Marina, per the sketch as previously approved by the LMCD, granting the doublz setback requirement on the west side and a one year variance for slips 36 & 77 on the east side , as recommended by the Marina Committee; that the landscaping plan, as proposed by Otten Bros. and approved by the Marina Committee , and reviewed by the staff, to be completed, and not to require a warrently bond at this time, but that no permit will be issued next year unless the landscaping is completed and alive and healthy; to grant a variance to the 100 ' setback per LMCD Section 302 Subd. 2A; and that to deny, at this point in time, any docks on the Crystal Bay side . Motion, Ayes (4) - Nays (1_) . Councilmember Butler Nay. The 1981 Marina License for Gayles Marina was tabled GAYLES MARINA until the next Council meeting. Alan Olson, City Planner, reviewed the status of KELLER' S MARKET Keller ' s Mar'.�et, 3800 Wayzata Boulevard, with the 3800 Wayzata Boulevard City Council , concerning the temporary restraining 0-rton Wisegarver order regarding the use of the property. William Mason, attorney for Mayona Sundlin and her son, Stanley Cirspinski , and Vicky Wisegarver were present to discuss the conditional use permit for Keller ' s Market. Mayor Van Nest moved, Butler seconded, to table the Kelle.r ' s Market, 3800 Wayzata Boulevard, item and to request staff to redraft the proposed resolution. Motion, Ayes (5) - Nays (0 ) . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1981 Page 7 Mayor Van Nest moved, Butler seconded, that the KELLER' S MARK�T previously approved cigarette license for Keller ' s Cigarette License Market, 3800 Wayzata Boulevard, be canceled. Motion, (Continued) Ayes (5) - Nays (0 ) . Paurus moved, Hurr seconded, that all building KELLER' S MARKET permits for Keller ' s Market, 3800 Wayzata Boulevard, Building Permits be canceled. Motion, Ayes (5) - Nays (0 ) . The City Council reviewed the proposed schedule SCHEDULED ATTENDANCE for Councilmember ' s attendance at the Planning Council/Planning Commission meetings May 4 through December 7 , 1981 Commission dated April 22 , 1981 . John Gerhardson, Public Works Coordinator , reported , TRAFFIC SIGNAL on the progress of the traffic signal at Old Crystal Old C.rystal Bay & #12 Bay Road and Highway #12 . a John Gerhardson, Public Works Coordinator, informed SE4v'ER PROJECT - the City Council that Glenn Cook, City Engineer, 1980-LS-1 & LS-2 stated that approximately 600 of all Sewer Project 1980-LS-1 & LS-2 were completed; Orono Lane should be completed April 24 , 1981 and restoration of the streets should begin April 27 , 1981 . _'�iayor Van Nest moved, Hannah seconded, that Payment PAYMENT #3 �3 , Nodland Associates , Inc . , in the amount of Nodland Associates $18 , 393 . 38 , be paid. Motion, Ayes (5) - Nays (0 ) . Hannah moved, Butler seconded, that Payment #4 , PAYMENT #4 G & L Contracting, in the amount of $34 , 381 . 39 , G & L Contracting be paid. Motion, Ayes (5} Nays (0 ) . A letter was received from the Minnehaha Creek MCWD - Water & Repair Watershed District, dated March 27 , 1981, regarding Fund, 1981 the Water Maintenance and Repair Fund, 1981. Hannah moved, Butler seconded, that the Highwood HIGHWOOD & NORTH SHORE and North Shore Drive preliminary report for sewer DRIVE SEWER be tabled. Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest announced that the next Lake Area LAKE AREA MAYOR ' S Mayor ' s meeting will be held June 4 , 1981 , 7 : 30 P .M. MEETING at the Shorewood City Council Chambers . ?�Sayor Van Nest announced that it was not necessary �PLE PLAIN TREATMENT to adopt a resolution concerning the Maple Plain PLANT Treatment Plant . gEGULAR MEETING OF THE ORONO COUNCL, APRIL 27, 1981 Page 8 The attached letter was mailed to Mr . William L. MAPLE PLAIN TREATMENT Downing from Mayor Van Nest concerning the Maple PLANT Plain Treatment Plant, dated April 9 , 1981 . Letter - Pages 9 & 10 Mayor Van Nest announced that the Minnehaha Creek PAINTER' S CREEK Watershed District Advisory meeting will be held Meeting Date May 7, 1981 at 7 : 30 P.M, at the Orono Council Chambers. � The Minutes of the Cable TV Committee Meeting CABLE TV MINUTES for April 16 , 1981 were reviewed by the City Council . � Councilmember Butler announced that the next CABLE TV MEETING DATE meeting for the Cable TV Committee will be held May 21 , 1981 at the Orono Council Chambers . John Gerhardson, Public Works Coordinatqr , presented SANDY BEACH PETITION the City Council with his memo concerning the Sandy Beach petition dated April 21, 1981 . Mayor Van Nest moved, Paurus seconded, that hours for the Sandy Beach area be 8 : 30 A.M. to 8 : 30 P .M. and that the fence on the east property line be moved into compliance . Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1269 Resolut�.on #1269 , A Resolution Directing The Orono No Parking Signs Public Works Department To Place No Parking Signs Sandy Beach On Certain Streets In The City Of Orono. Motion, ' Ayes (5) - Nays (0 ) . Mr. John McCallum, 3898 Cherry Avenue , was present SANDY BEACH FENCE to discuss the Sandy Beach problem and stated that he would move his fence back onto his property line . Mayor Van Nest moved, Hurr seconded, to approve the ORONO/LONG LAKE WATER* letter to Mayor Diane Gallagher from Dick Benson, Letter City Administrator, concerning a joint municipal water system with the City of Long Lake dated April 16 , 1981 . Motion, Ayes (5) - Nays (0 ) . Letter - Page 11 Mayor Van Nest moved, Hurr seconded, to approve the ORONO/LONG LAKE/MEDINA* letter to Todd Heglund from Dick Benson, City Sewer Letter Administrator , concerning the Orono/Long Lake/ Medina sanitary sewer agreement, dated April 16 , 1981 . Motion, Ayes (S) - Nays (0 ) . Letter - Pages 12-14 T��I�•�,h��ne 473 73:�7 � ' . Page 9 �� _ . � � ;:. � , �� ;.. CITY of �li�I�TO �� .� .':�:��.�.- �. k-;, „��-, , Post Of'fice Bo:66•Gyetal Bay,Minnesota 553`23•Municipal Offices �.. ��3'��- �� ,��` On �he No�th Shore of Lake Minnetonka _ '` ' •r��, , ;�.. � � � . ,. � � '._�""r., =p S • '.� ' - � ,4: .{.�,.. Apri 1 9, 1>81 ` " 1 :` � � o �ga+ ; , � A 1 !��'��.,��, ._--.,\ ` Mr. Will iam L. Downing �, C�� }�C �t' 1834 Simpson Avenue � � Falcon Heights, MN 55113 Dear Bill : I apologize for being so late in getting this information to you as per your request during the last 208 committee meeting. We had to copy the Narza R�port and then I was out of town on vacation, but b`tter late then never. I want to thank you for your help at the 208 comrnittee meeting concerning the Maple Plain Sewage Treatment Plant. I just don 't think that the praper information is being supplied by the Waste Control Commission or the PCA to allow a responsible decision on the Maple Plain Sewage Treatrr�nt Plant. I am enclosing a copy of "A Program for Preserving the Quality of Lake Minnetonka" (Harza Study) , some of the pertinent pages from the interim report for the Narza Study and a copy � of the City of Orono Comprehensive Plan. i As you know the Harza Report was the engineering ��eport that was used to justify the decision to install the interceptors in the Minnetonka Watershed. Of particular note in the Narza Study, would be Table IV-2 found on page IV-13. I have iden�ified on this chart the seven sewage treatment plants so you can see what the actual measured quantities of phosphorus was out of these plants and how much of that actually got to the lake. As you can see in the case of the Maple Plain Plant, 68% of the total phosphorus from the plan and watershed was removed before it got to the Lake which means that something in excess of that percentage was removed from the discharge from the - sewage treatment plant because it has to travel the farthest of any discharge in the Painter Creek Watershed. This information is quite a contrast to the Waste Control Cammissions 201 Study which says that only 30� of the phosphorus from the plant is removed before entering the lake. I thought you might be interested in reading the introduction section and i.he environment section of our recently completed comprehensive plan. • Page 10 � Mr. William L. Downing -2- Aprii 9, 1981 If I can provide any additional information for you concerning this matter, please feel free to give � a call and if you would li�Ce to discuss any of this information we would be pleased to make ourselves available at your convenience. We feel that an investigation of the facts, will suppart the same conclusion that w�e have, that the installation of an interceptor through the rural northwest corner of the Minnetonka Watershed would be far �re detrimental to Lake Minnetonka than the continuatio� of the Maple Plain Sewage Treatment Plant with the addition of phosphorus removal equipment. Thank you for your cooperation in this matter. Yours truly, CIT,, OF ORONO , % �. �Brad Van (dest �1ayo r BVN/lg t er�closure � ,1�^�"� Page 11 ' ' ^ .�tg i,s . ^, i i.i�� q� •^�.�. 5 �� . r-" �s bs�,,., .. 3 �; �,� _ �I'.�Y Of OIZQNO ��4�� y� ��"g�a t'w�t Uffice �z 66•C'ryata) BaY. Minne�ota Sb32;;•Municipal Officea s �� `�"1�. '' � �.p�� '� nn the Nortie Shore of Lake 1�linnetonka ,,}� April 16, 1981 Mayor Diane Gallagher 68 Brown Road South Long Lake, Minnesota 55356 Dear Mayor Gallagher : The Orono City Council at their April 13 , 1981 Council meeting approved the Perliminary Engineering Report submitted to your City by McCombs-Knutson & Associates, providing a municipal water system for the Long Lake area and portions of the City of Orona as stated in the addendum to the report. Please accept this letter as Orono ' s official reply and intent to participate with the City of Long �ake in a joint municipal water system for our cities. Please feel free to call me at my office , 473-7358 , when it is convenient, to discuss imple�r�entation of this improvement. , Sincerely, ,� �!-r',�,',,��/' � Walter . e on City dministrator cc : Todd Heglund Debbie Stinson Mayor Brad Van Nest ell�_U►�G dE l.U.�i�G - 473-7357 • auHltiis7 K,�7 W� dt Fi�A�C1. -- a73-735a • PI BLIC NUItAS 47)7359 ASSF SSl.1(, � � `��"��., .,� P age 12 ,� �,,t ;a � � ��,� `g� d�� ry. ��.�� I�� of URUN� 5 - �.� � �,��a ,�; •W..�F�'� � ��F r; �. .a�; '�, �� ,, . � K.p Nust Uffice }3ox Ei(i•Crys4il Bay, Minnee�otr�5.�.313•Municipal Oft`ices �. � �s�� „�4� ,>.;��, ', " *��'� a On the North Shore oj Lake .��innetonka ��.. April 16 , 1981 Mr . Todd Heglund 1828 Symes Street Long Lake, Minnesota 55356 Dear Mr. Heglund: The City Council at their April 13, 1981 Council meeting approved the City of Long Lake-City of Orono-City of Medina Sanitary Sewer Construction and Service Agreement, subject to the following amendments : Page 1 - The fourth Whereas - typo - Orono Page 5 - Last sentence Section 4 - eliminate "Upon acceptance of Pipe A by Orono, Pipe A shall become the property of Orono" . Page 5 - Last paragraph, last sentence of Section 5 - eliminate "Upon acceptance of Pipe D by Long Lake, Pipe D shall become the property of Long Lake" . � � Page 7 - Add Subdivision 11 to Section 7 as follows: Subdivision 11 . Sharing maintenance and operating costs as well as pipe replacement as defined in Section 7, Subdivision 1 through 10 are based on each city's percent usage as follows : Sewage Contributions Pipes C & D Units in Long Lake = 70 = 19� Units in Orono = 216 = 59� Units in Medina = 82 = 22� Pipe E Units in Long Lake = 600 = 65$ Units in Orono = 240 = 26$ Units in Medina = 82 = 9$ k3llLU11G& ZU\ItiG - 473-7357 • AUMIti1S7 RA7lUti Lt FItiA\CF a 1'-73�n • Yl F3lJC N(aRKS — J?3-73�9 1SSF SSl\t; � , _ Page 13 Mr. Todd Heglund April 16, 1981 Page 2 Lift Station on Watertown Road Units in Long Lake = 61 = 72$ Units in Orono = 24 = 2g$ Lineal feet of pipe in Long Lake = 4 , 200 = 55$ Lineal feet of pipe in Orono = 3 ,500 = 45$ Share cost 70$-30$ to reflect some infiltration These percentages may be changed at any future time at the written request of any City based on updated usage figures in effect at the time of the reguested change. These new updated percentages shall be in effect until such time as a new percent usage review is requested, calculated, and approved. Page 10 - Change Section 16 - last sentence to read, "except Long Lake will not allow any hookups that flow into Pipe D in excess of 70 units as outlined in each city ' s percen�� usage contribution without the written consent of Medina and Orono" . Page 11 - Section 19-Termination. , Subdivision 1. This agreement may be terminated by any party if any other party fails or refuses to comply with the final order, after expiration of all appeals, of the arbitration panel or Court of competent jurisdiction. Subdivision 2 . Termination of this agreement, in lieu of a breach or other arbitrable agreement, shall be arbitrable and shall occur only after a finding that there has been such a substantial change in the law of the facts existing upon the effective date hereof, that the agreement is impossible to perform by one or both parties. Subdivision 3 . In the event this agreement is terminated, the ownership of the pipes, manholes, lift stations, and metering devices shall be as follows: a) The Medina lift station, metering device and Pipe A shall belong to Medina. b) Pipe B and Pipe D shall belong to Orono. Orono shall reimburse Medina for their share of the construction cost of Pipe B and Pipe D and Orono shall have the right to stop the flow of sewage from Medina into Pipe B and from Medina and Long Lake into Pipe D. �� , Page 14 Mr. Todd Heglund April 16 , 1981 Page 3 c) The metering device at Orono outlet point of interconnection No. 1, Pipe C, Pipe E, and the lift station and metering device on Watertown Road, shall belong to Long Lake. Long Lake shall reimburse Orono and Medina for their share of the construction cost of the metering device at Orono outlet point of interconnection No. 1 and Long Lake shall have the right to stop the flow of sewage from Medina and Orono into Pipe C and Pipe E. d) Pipe F shall become the property of Orono, but Lang Lake shall have the right to stop the flow of sewage from Orono into the lift station on Watertown Road. e) Any termination resulting in Orono or Long Lake stopping the flow of sewage into any pipe or lift station from Medina, Orono, or Lonq Lake, shall require a one-year written notification. Page 12 - Section 21 - third line add "Orono" , °'accepted by Long Lake and Orono" . Sincerely, � i ��t�y�.a � ,��, .___._,_______-_ Walter . Benson City dministrator / REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1981 Page 15 The City Council discussed the appointment of CABLE TV ATTORNEY Mr. Adrian Herbst as legal counsel for the Cable Adrian Herbst TV Committee to represent Orono, Long Lake , Medina, and Minnetonka Beach. Councilmember Paurus requested Orono ' s representative, Councilmember Butler, that at the next Cable TV Committee meeting, the other participating cities are commited to an equal share of the cost for retaining Mr. Herbst. Mayor Van Nest moved, Hurr seconded, to approve the TRANSFER* transfer of funds in the amount of $540 from the Revenue Sharing to Revenue Sharing Fund to the General Fund. Motion, General Fund Ayes (5) - Nays (0 ) . Mayor Van Nest moved, Hurr seconded, to approve the SUMMER YOUTH PROGRAM* Summer Youth Employment Program for 1981. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Hurr seconded, to approve the FRENCH LAKE TREATMENT French Lake Treatment Plant Area recommendations PLANT* of Dick Benson, City Administrator , as presented in a memo dated April 23 , 1981. Motion, Ayes (5) - Nays (0 ) . Mayor Van Nest moved, Hurr seconded, to approve the FRENCH LAKE TREATMENT 1 letter to Mr. Paul Dietz , Metropolitan Waste Control PLANT LETTER* I Commission, concerning the French Lake Treatment Plant, dated April 23 , 1981. Motion, Ayes (5) - Nays (0 ) . Letter - Page 16 Mayor Van Nest moved, Hurr seconded, to approve the ANDREW GOETTEN LETTER* letter from Mr. Andrew Goetten, 1385 Fox Street, 1385 Fox Street concerning the 1980 Sewer Project, dated April 13 , 1981. Motion, Ayes (5) - Nays (0) . Letter - Pages 17 & 18 Mayor Van Nest moved, Hurr seconded, to approve the ANDREW GOETTEN REPLY* letter from Dick Benson, City Administrator , in reply to Mr. Andrew Goetten, 1385 Fox Street, dated April 23 , 1981 . Motion, Ayes (5) - Nays (0) . Letter - Pages 19-22 �'�*�, Page 16 1�yZ'�. � , 7��f�Pf�f�� f�� f .' � �4� 3 r wf:�:*� a7� t �� (�'0. �>.-��e' . � �`��k � �:,�r, ��,�1� � � CITY of (�ROI (3 , �� , �s�.� �" 4 �,�'4��=��r �� u=,,�k��,`��:� '' � YuKt UfGce f3�x fi6•Crystal Bay, htinnesota 55323�Municipal Officea ��a. ,., �.. �� ' �r��' � On the North Shore af Lake Minnetonka April 23, 1981 Mr. Paul Dietz Metropolitan Waste Control Commission 350 Metro Square Building 7th & Robert Streets St. Paul, Minnesota 55101 Dear Mr. Dietz : As you requested, I am sending this letter confirming our discussion on April 10 , 1981 regarding the City of Orono sewage treatment plant site. It was determined that: l. Fencing would be left around the plant site. The lift station site will be fenced in separately. 2 . Three evergreen trees will be removed prior to demolition to prevent their loss. 3. Demolish reaeration, contact, digester tanks, and grit chamber. 4 . Remove sand beds . 5. Tanks to be filled with dirt. 6 . The control building and basement will be retained as is. Paul, I have enclosed a rough sketch of the area in question. It is also our understanding that the stabilization pond area will be left as is. Please feel free to call me at my office , 473-7358 , if you do have any questions. Sincerely, � �� Walt �`. enson Cit Administrator Enclosure BCILUI\l�dc l.U11:�G — 473-?3�7 • AUNIti1STRA77Uti fl FI\AtiC!'. — �73-735tl • Nl ELIC hU1cKS — 473•7359 ,�tiSl S.SI�(, - Page 17 April 13 , 1981 i�r. Walter R. Benson City Administrator Citv of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Dear Dick : I am enclosing for your attention Certificate of Title No. 505�5 , dated May 21 , 1974 certifying the ow-nership of the 1385 Fox Street property in Diann and myself as joint tenants . As you know, this certificate is needed to record the (sewer) easement which Diann a�zd I granted the City last fal1 . As you know, we are troubled by the outcome of the sewer proceedings as it affects us and this transmittal has been held up by that as well as the fact that communication with the City' s legal counsel has been impossible in our view. We have been addressed by letter (with copies to you and the City Council) on a mi:� of things which we do not understand, and what ��e d� understand we don ' t like . On the part of their co�mnunications we don ' t understand , let me say that the easement we granted included the wording "under and over the premises" . If two documents are required for recor ing in this regard, one�or the under and the other for the over, then at this point it is our fee ing that your counsel can �ra�t the second document in identical form to the instrument we �ave to accomplish this recor ing nee . We i r.ot execute yaur standard city form" because we felt you and your ccntracting agents were responsible for exercising a reasonable degree of care ��,-hile on our propert5� f�r any purpose and this was stated in our grant , as well as the requirement for screen replanting of the facility upon project completion . 41e felt it would be obvious that if we di1 not care to execute one '°standard city format" , we would not exec�ite a second for recording or any other purpose . In regard to their cormnunications we do not 1ike , let me say that we are both damn angry at insinuations of lack of cooperatio� in the totality of this project . It is true to say we are not happy with it at this time , but you know that we were supportive in all the earl.y canvassing and public hearings on the matter . We have Mr . Walter R. Benson � April 13 , 1981 Page 18 Page 2 ground enough to fully and safely take care of our own needs , but we , apparently naively, felt that a public facility would be better and that our participation might serve to reduce overall project costs in a small way. We asked for no monetary recompense in providing a location for the pumpin� facilities and the extent of these facilities which now include an above ground circuit shed have grown from the original descriptions . We made no requirement on where our connection point would lie and this has become more distant than original indications . Neighborhood information and City Council minutes we see have pretty well filled us in on other private monetary arrangements . Having said the above and at the risk of being over long , let me say that we did of course request the ability to split our nearly 4 acres . The City Council agreed to this apparently with a reluctance that we can not understand . The Council specifies a 2 acre lot for the portion not served by sewer , which is the �resent common Orono requirement ; with a one acre requirement for the site served by sewer. This is a big valuabie concession in the Minnetonka Bluffs area wl-iere the average lot size is close to one-half acre? Finallv, I have to say that we still really can ' t believe an assessment outcome that leaves ourselves and perhaps four others with unit assessments about SO'/o in excess of those fixed for a group who protested this improvement . We know the Council group wcrks hard and is honest in its efforts , but this outcor.ie certainly acts to promote protest activity and certainly penalizes those who try to cooperate . It ' s a sad conclusion to our initial feeling of wanting to help really improve the area and the 1ake . Our delivery of the Title Certificate at this time is simply to fulfill our earlier given word. Please have it returned to us at your earliest convenience and please also acknowledge its receipt by signing and returning the enclosed copy of this letter . Ve t lv y rs , Andrew 3 . oetten AJG :vad cc : rlayor Brad Van Nest I HEREBY ACKNOWLEDGE RECEIPT OF THE ABOVE DESCRIBED CERTIFICATE OF TITLE N0. 50555 : � / NAME `t�/'�/� ._/ DATE l� / (�—� �, �''.�'�.,� � P age 19 , ,yu� � K�7� t"AS ' :;,. �' r Re , * '"�C�` �p 'A��'`x •`i'"1 !a,► h i� �.nti ��'�^ ` '� �� CITY of URONU . �� 5. ",� i nM�,."� 3��w:�i s�r�.�4,�"��::��'k� k'oet Uffice �x 6!i•Crvetal Bay, Minnesotx 55323•Municipal Ufficex �r " s�v �`� �,�,�,'��'�+�;"` �� On the North Shore of Lake Minnetonka � x � ;.� April 23, 1981 Mr . Andrew J. Goetten 1385 Fox Street Tnlayzata, Minnesota 55391 Dear Mr . Goetten: During my years of dealing with municipal sewer and water projects, I have received many complaints concerning public hearings, assessments, and construction and cleanup procedures. Many of the cor�plaints are valid and each and everyone has to be followed up. Your letter of April 13 , 1981 is possibly one of the most difficult to understand, not because of not being able to separate out the problems you have had with your sewer project, but because of the apparent frustration and lack of communication you apparently have had throughout the project. If the City is guilty of wrong-doing, it is simply that we did everything in our power to communicate to each and every affected property owner attempting to keep them informed of what the City was doing. There has never in the history of any city, including Orono, where there has been so many public hearings and public informa- tion meetings held, so many notices and letters mailed, and neighborhood meetings attended attempting to resolve each and every concern. Yes , we did beat the project to death. One major problem occurs when legal matters dominate any public project, everyone becomes paranoid and attempt to �over all bases and, of course , this is impossible. Our City Council , legal and engineering staff, and last, but not least, our City employees do not like sloppy work or misunderstandings and, believe it or not, I admire their honesty. Your situation was unique in that you own 3�60 acres; you are at the end of your project area and you chose not to be one of the appellants within the Minnetonka Bluffs area. There are no gray areas when it comes to litigation , you win or lose . The appellant matter was resolved through negotiation for those that appealed. For those that did not appeal, I can only repeat what was stated at the public meetings concerning your project . If the Hl ILUI�c.dre/u�l�(� J73-7357 • AU�II�IS7 HA71�1'� cY� F I�AtiCI �73 73�'s • Nl BLl( N(JHKS — 4?3 735y ��..1 ;��r. . , Page 20 Mr. Andrew J. Gotten April 23, 1981 - Page 2 . total project cost is lower than anticipated costs, the City Council will consider reducing the remaining resident assessments. Keep in mind, each area is a separate project and stands on its own merits. Concerning your concern regarding the City Council ' s apparent reluctance to split your nearly four acres, it is obvious the City Council was not willing to create densities below average lot size when this below average lot size prevelant in your area was what was causing on-site problems in a rural area. The City Council did assess you one unit only, at your request, simply because any future subdivision requested by you was to create a lot that would be served by an on-site system, not municipal sewer, which was your desire when this question was asked of you at our public meetings. I enclose Resolution #1178 for your information. I have requested Bruce Malkerson, our lead City Attorney, to address your other concerns regarding legal counsel matters . His letter to you should be received by you this week. My experience in these matters is that the City is always accused of attempting to avoid its responsibilities when a project as you are experiencing is constructed. We try to communicate and eliminate any possible miscommunications. Andrew, we tried to communicate with you, letters were sent, phone calls were made, we attempted to contact you every way possible but until now, we never received from you any acknowledgement of our attempts to clarify these issues with you. Thank you for your Certificate of Title #50555 . Call me when you are available and we can discuss these matters further . Sincerely, l� Walte R. enson City Administrator Enclosure 4 Page 21 � � .� �, 5�� C�ty o� oR.oNo .i.�ry- � ��'� i �. � � � �� RE�WTlON OF THE GITY C,OtlNCf L �'��e �p. 1178 • • �► �r . DETERMINING THAT ONE SANITARY SEWER S£RVICE WILL BE PRUVZDED FOR THE PROPERTY LOC�TED AT 1385 FOX STREET, AND DETSRMINING STANDARDS FOR ANY FUTURE SUBDIVISION OP THE PROPERTY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Sewer Project 80-1 has been initiated by the City to solve existing on-site sewaqe treatment problems in the Minnetonka Bluffs- West Ferndale area, within which the property at 1385 Fox Street, legally described as Government Lot 3 northwest of Great Northern Railroad right- o�-way excluding road and tke west 33 feet of Lot 3 south of Wayzata and Spring Park Road, is located; and WHEREAS, the property at 1385 Fox Street has an area of approximately 3.60 acres and contains an existinq residential dwelling; and WHEREAS, it is likely that present and/or future on-site sewage treatment problems at 1385 Fox Street can be solved through the use of on-site sewage treatment systems, and therefore the property• has been considered for inclusion in the 80-1 project at the owner 's option;- and WHEREAS,- the owner has indicated a preference that_ a single sewer service be provided for the exist.ing house with any new lot created by future subdivision to be served by an on-site sewage treatment system, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, that one sewer service stub be provided to serve the exist�ng residence located at 1385 Fox Street with the following provisions : 1. Any future subdivision of the property must leave not less than one acre for the existing residence. 2. Any new building site which might be created will comply with all current zoning regulations at the time of subdivision, the intent of this provision being that any new lot created in the future is not intended to be served by the 80-1 sewer project but is intended to fully comply with all City on-site sewage treatrnent requiresnents. Therefore there is benefit to the property fran the construction of the aewer to the extent of one unit. � PAGE � . _OF � _ �, ` , Page 22 . �� M�� r �.� � �l�y o� OROTOT� g �,� 1 �'�-��+ � �¢:. . .: r -�LL� � Va,£'y' . a � � '• � RESOlUT10N Of TME CITY COUNClI '. � � �;� , Np, 117a � - • • Adopted by the City Council of the City of Orono on the 11 day of August , 1980. i iam . Nest, May r ATTEST: kdalter R. nson, City Administrator The undersigned owner (s) of the above described property has read the terms of this Resolution and agrees to be bound by the terns thereof. Property Owner _ Date , Property Owner Date PAGE .2----�F - ._2_ ._ • REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27 , 1981 Page 23 Mayor Van Nest moved, Hurr seconded, to approve the DOLORES ENGELSTAD letter from Dolores Engelstad, Chairman of the Orono LETTER* School Board concerning the Orono Community Manage- ment Plan, dated April 6 , 1981. Motion, Ayes (5) - Nays (0) . Letter - Pages 24-26 Mayor Van Nest moved, Hurr seconded, to approve the REPLY TO DOLORES letter from Mayor �;an Nest in reply to Dolores ENGELSTAD* Engelstad concerning the Orono Community Manage- ment Plan, dated April 9 , 1981 . Motion, Ayes (5) - i�ays (0) . Letter - Page 27 Mayor Van Nest moved, Hurr seconded, to approve the REPLY TO DOLORES letter of Dick Benson in reply to Dolores Engelstad ENGLESTAD* concerning the Orono Community Management Plan, dated April 21, 1981. Motion, Ayes (5) - Nays (0 ) Letter - Pages 28-30 Mayor Van Nest moved, Hurr seconded, to approve the SPRING CLEANUP DAYS* dates of May 2 & May 9 , 1981 for the annual Spring May 2 & May 9 , 1981 Cleanup days. Motion, Ayes (5) - Nays (0 ) . The item concerning a new car purchase for the CAR PURCHASE Public Works Department was tabled until more information is available . Bruce Malkerson, City Attorney, reviewed with the PARKING LOT - DNR City Council his memo concerning the sale of property along the Luce Line Trail to the Department of Natural Resources. Paurus moved, Butler seconded, to deny extra SKI TONKA payment to Ski Tonka for the ring route eaesment. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Hurr seconded, that the LICENSES* following licenses, be approved: Kennel License Robert S. Waag - Residential On-Site Systems Company - Septic System Installer Ruppert & Son Well Company - Well Driller Motion, Ayes (5) - Nays (0 ) . ' ORONO INDEPENDENT SCNOOL DISTRICT NO. 278 . w INOE►EN�ENCE•�0�LAK��D CAVSTA RAY ROAD�ETONKA YEACN-ORONO page 2 4 LOIiO LAKE.Mi/�dBSOTA i�6.'�i • W. A. fENNOiT pR. GALE G. IENNON ASST TO THE Sl/PERiNTENDENT SUPERINTENDENT OF SCNOOlS EXCELLENCE IN EDUCATtaN SINCE ��S 1 (612)<73-'333 (61�)473-7313 Apr i l 6 , 1981 ___�-�--�;�:;� ��1�' �y�`��t� � ' . . , ! )� ' _----""' �. .; ,� �R a�q$i :tiayor Brad Van ivTest �, , ,' � ` Orono City Council Diembers � �, �, _..� . City of Orono �� ,�`�' �' ?�� '�'1 �� i _ �� ,�i'� 1335 Bro�tin Road South ,�r�t�,�,��--�-""'`� � Crystal BaS� , biN 55323 � RE: Orono Community Management Pl�.n Dear 3'.a��or. Van Nest and Council �iembers: The Orono School Board appreciates the opportunity of responding, under provisions of the law, to Orono' s Community bianagement Plan. It is unfortunate that the Iaw does not provide for such review earlier in the planning process. �Ve feel this plan , in the Iight of existing school finance laws, �vill have a very delett�ious effect on our school district. The negative impact on our society of allowing the quality of the educational progr�u^� to deteriorate cannot be over� emphasized. �Ye should preface our sgecifi� response bp indicating that the 1971 "Minnesota hiiracle" school financing plan forces us to focus our attention upon growth. Our reasons for doing so are as follows: 1) The district ' s ability to levy taxes and collect state aids is governed almost entirely by enrollment . 2) As enrollment declines, we cannot reduce expenses nroportionately due to fixed costs s;�ch as energy , �nsurance, mair;ter.ance , etc. 3) Orono has declined from about 2700 to 2270 and projectio�l�; sho;T� continued decline in enrollment . �) �e are losing 75-100 pupils annually because there is in- sufficient growth in reasonably priced housing to offset the decline in birth rate. 1tie also have a concern for the district ' s taxpayers who, within a 1'ew years, �vill have entirely paid Yor 1? million dollars worth of school buildings. These buildings have a total capacity of 2950 pupils. If the present decline continues, we will soon be 10U0 below capacity . pP,. K. 6. �vINiER y�, v. NEtSON RUr•tilD E. Gllit(tf SP.. NIGN SCHOOI PRINCIFAI �aiDDIE S�HOOL Y�IriC�PAI ELE�+�ENTai+,r CC.UiUIr1ATOR 473-5�71 473-7301 17] 73 U C. Y,AVNE SM1►N 1l.M(S 4. ;fIIER 1'c_ ri<%:l A. 6_��J;AKI tSiC>C. SR 411:,N S'I�OOI �i�r�;ir'Al Ai`:,"."' 1.1iLvIF S�H;1JL P�I::CIF4l l.'6.rLE �:,^.�r: ELE+.!Er:li��Y P`Ii1CIaAl 473-;171 �,'3-7�0! 4I9-1'.77 Page 25 �layor Van Nest & Council liembers - 2 - Stabilizing the enrollment at the present level or at least r�ducing the rate of decline would be of imm�nse help to us. Without this relief , the quality of the educational program will be adversely affected due to lack of funds and sufficierit numbers of students will not be available to offer a broad curriculum. It i5 our belief that land use p1AIlS developed and Adopted by the City of Orono will , in large part , determine the destit�y of the school district and it is for this reason that we feel compelled ta convey our concerns to you. W'e are not seeking to involve ourselves in the details of city planning. However, our concern for the impact. of your plan on the educational progi•am necessitates our careful revie�v of areas suitablc for future development within the near future. Your Plan states that , while you serve four school districts , Grono School District No. 278 inc2udes more of Orono' s land area than a11 other districts combined and �urther states that most of this district is �vithin Orono' s Rural Service Area where total planned deusity is relatively Io�v. �9e note , however , that the b'letropolitan Urban Service Area (�iUS�) , as prepared by the bietropolit�.n Council , includes a large �art of Orono and contains considerable land suitable for urban development . �ur contacts with both the I�ietropolitan Council and the �Yaste Control Com:mission reveal that there are no aPparent limita�ions to considerably more gro�jrth thaii your plans call for . The `,Setropol itan Council indicates that , for Orono, it is largely a matter of local option . Il Orono wants more growth and actively works toward this objective , there is no reasar. that it cannot take place. The Waste Control Cornr.iission considers Orono "fringe suburban" and feels that plans should be developed which recognize this fact . Specifi�a115�, they have told us that there is ample sewer capacity and no proble� in serving any reasonable urbanization of this area. S�nce most o� Oro_�o lies within the ML�SA bouneiaries, such growth n�ould r.�t constitute "3eap- frog" developMent . S1�e have always viewed the northern part of Orono as the sinale large lar.� area within the district ' s boundaries in which si��ificant growth t��uld occur. The other five cities �vithin the school district ha-Je either reached most of their gro�.vth potential or are outsile the ',1USt'� line. Therefore , ��e must look to Orono to a large extent for the growt� we need. We strongly feel the Orono City Council sho�ald give consilerati�n to the following specific recommenc3ations: 1) Development (urbanization) oP ths liigh�vay �12 corridor adjacent to existin� development in Long Lake and Orono. 2) Increasing the size of the sewer pipe bein�; installed this� summer to allow future industrial and multi-housin� devel.�P- ment in the areas cast of the school . � Na.yor Van Nest � Council �embers - 3 - Page 26 - 3) Consider development in this �rea as an inte��al:,. part oi plans ior the new water system being planned �o�utly by Long Lake and Qrono. It is more cost effective to have additional unita on tbe systom. 4) Give long-range conaideration to s�meAding your plan from 100z rural residential for all areas not presently urbanized to a reasonable balance between law-use and urban density. As a minimum� consider urbanizing the entire area east ot � 'Old Crystal Bay Aoad and north of tbe Burlington Railroad tracks to County Road 6. The above suggestions are in harmony with �letropolitan Council guidelines. Furthermore, such development would be contiguous to existing development and within the MUSA. There is also ample sewcr capacity according to the Waste Control Commission. Obviously we have reviewed your Plan primarily for its potential impact upon the school system. It is our belie� that the ueed for offering a quality educational program to the youth of the community is perhaps the most important goal of society and should be given great consideration in any plan, certainly as much im�ortance as is given to environmental and cost concerns. A more balanced growth plan, allo�vin� for a mix of rural and urban areas, would seem to be in the best interest of all the citizens we both serve. ,� Sincerely, - � � �� P� . y Dolores Engelstad, Chairman Orono Schoo2 Board CC: �Valter R. Benson, Orono City Administrator Eietropolitan Council �ietropolitan Waste Control Commission Ti�ic{�h��ne 473 7;i5? � • page 27 �� :. ,;�� .._; CITY o� ��01�0 . - 4_ - � Post Office Box 66•Cryslal Bay, Minnesota 553`l3•Municipal Officea ��"f'.' Ore the North Shore o�Lake Minnetonka �� .�� April 9, 1981 '��.=.°~, o Chairman Dolores Engelstad Orono School Board Orono Independent School District No. 278 685 Old Crystal Bay Road Long Lake, MN 55356 RE: Orono Community Management Plan Dear Chairman Engelstad And Board Members: We are in receipt of your letter of April 6, 1981 , containing your formal review of the Orono Community Management Plan. I have asked the City staff to review your cornnents and to present to the Council their recommendations concerning your review as contained in the April 6, 1981 letter. I can assure you that the Orono City Council will consider your recommendations for amendments to the Orono Community Management Plan. There are several comments contained in your letter that were made by members of the Metropolitan Council and Metropolitan Waste Control Commission which are contradictions to the facts as we understand them. In order for us to consider this information completely we would like to know specifically the individuals at the Metropolitan Council and Metroplitan Waste Control Commission that made these statements to you so that we can determine the validity of this information. If you could provide these names for us at your earliest conveneience we would appreciate it as our plan is presently under active review by the Metroplitan Council . We appreciate and understand your concerns and hope that we can work together to satisfy the needs of our community. Yours truly, CITY OF ORONO Brad Van Nest Mayor . cc: Metropolitan Council Metropolitan Waste Control Commission „w FrE�A � �'^ �°°"�� ,� � Page 2 8 �; ,,�E �'�'�.. �;i, �'�� .,�+�g s,��.:'� � � ,y C I�Y �f O�i�11TU � f; � ��:� ��( k'M i { } �04� ,* l lV? �'A ,�' � ��„� � .,'*��•e"��"� �r�a}�Y�� NoN Uf'fFce l30:66�Crys4►1 Bay. �linaerota 5.53::1•Municipal Otficw� y � ' `�� ?�` 4;1G ��;� le ...� ,� ,�.� ,�.r„ �:� �,�;� On tht No�th Shon oj Lake Alinnetonka , �. �� April 2I, 1981 Mrs. Dc�lores Engelstad, Chairmar. Orono School Board 685 Old Crystal Bay Road Long Lake, Minnesota 55356 Dear Mrs. Engelstad: T:Ze City of Oror.o, as indicated in Mayor Van Nest 's letter to you cn April 9 , 1981, is in receipt of your April 6 , 19�1 letter commenting on the Cit1 of Orono 's Community Management Plan. Since April f , 1981 and Mayor Van Nest 's letter to you commenting on Orono 's cor.cerns regarding your cotnrients, the City Council at their April 13 , 19�3I Councii meeting requested me to respond to you on this matter. Befare I com.�ent on your letter to us, I bel.ieve it is important to review with you the origin of the planning process and the conunitments that have been made based upon support of the Orono comr�unity. As early as 1954 , it was recognized by Township officials that Oror.o would play an important role in the planning process of the Lake Minnetonka area simply because of the massive watershed and the Lake Minnetonka surface area located within Orono' s boundaries . In 1955 , Orono, then a Village, was a leader in implementing o�en space and wetland preservation guidelines. In 1958 , Orono advanced itself into a more sophisticated on-s�t� disposal progr am. In 1961, 1962, and 1967, an advanced marshland protection regulation was adopted and planning consultants were retained to consider a major review of land use codes. Zn 1971, an indepth surface water management plan was developed. In 1972 , 1973, and 1974 , coiumunity developm�nt seminars , including a special task force study, was implE..mented for the purpose of stud�ing indepth land use questions and analysis , population trends, and their relationahip to transportation problems, environment protection and commu:�ity services. Zn 1975 , amendmenta to the zoning code and compreherisive plan were adopted according to community support. Nl ll VI��,A ZU'.itiG - 171-7357 s wUMItiIS7KAilU'� e F1��(F - �73 735r1 • F't bUl 1+(�KAS - 1,'3 73;'+ A1�1 �111(. Page 29 Mrs. Delores Engel�tad April 21, 1981 Page 2 In 1978 , an interim Comprehensive Sewer Plan, on-site disposal system including sophisticated design and operation plan, and an updated wetlands ordinance was adopted. Since 1978 , several trends have occurred and changes have been made simpls� b�cause it was recognize� that pogulation projections forecast by :�etropolitan Planners were in error. In 1978 , the City of Orono reca�nized changes takin� place and u�ing sound common v�nse reduced drastically designed services to f it reduced population pr�jections for our City. Within this time-frame, the City of Orono legally estab?ished the rietropolitan Urban Service Area t�USA) line. mhere are no plans to provide urban services beyond this line , now or in the futurA . �'h.e cj�.zidi:a principals thr�ughout the total planning process h3s ��en to preserve the basic sir.gle family character of the City of Orono while preserving and maintaining existing natural resources. Our major goal is the continuance of the basic rural type land use p?an and to continue to preserve wetlands, L�ke Minnetonka, and precious ground water supplies. A vital factor in the land use c�olicy-making has been public invo�vement in the planring process sir�ce its birth, and the public hearings held at the Orono high Scr.00l. It is unfortu�ate that the Orono Sc:hool District did not take advantage of the information -.vailable at these hearings and at later meetings when �opulation trends were changi;�g. Several cor.unents contained in your let�er to the City of Orono in r�sponse to Orono ' s plan are not acc�arate : 1 . There are limitations to growth. This has been dacumented many times during the past three years in areas that have attempted to encourage massive de:isities within urban and rural areas. 2 . The designated MUSA does not ir.clude a large portion of Orano suitable for urban deve�opment. 3 . There are definite li.mitations to urbanization of the d�signated rural area. 4 . The other five cities have not reached their growth potential . and will not reach their potential �or many years, as Orono will not reach theirs for many years. , Page 30 . l�irs. Dc�lores Engelstad April 21, 1981 Pag� 3 5 . There is not ample sewer capacity to serve the rural area that is in3icated in your letter to be within the MUSA and such suqgeste3 growth would constitute leap-frog develop:ment. G . �t is not the intent of the City to provide urban services in • a designated rural area. �h� planning process is a never-ending task. Chanc�es are always taking place . Changes in growth patterns, variations in building trends, energy availability, and capital improvement pragrams all have a significant impact on implementation and maintenance of any plan . The end result being fiscal responsibility and sound budgeting has to follow these changes. Orono ' s goal has always b�en to provide ser��ices for basic needs that are fair and equitable and this view- poant is increasing in popularity thraughout the entire country. The rdinnesota miracle would turn into an Orono miracle if we thou�;h� we cauld urbanize all of Orono and provide the services you �r,ention in your letter to s�imulate the stu3ent population for the Orono School District or any other district within the Orono area. The facts before us today do not support this type of adventurous pla:�ning. I can only conclude by stating that wher, considerinc� existir.g wetlands , the watershed, Lake Minnetonka, existing shopping centers , transportation routes and Orono 's designated urban and rural areas, a more balanced and stable plan could not be implemented. j � The C��y of O±ono has a balanced growth plan allowing for a mzx of u.rbar. and rural. growth that car� be served at a cost to our taxpayers that is reasonable and can be efficiently projected for the ensuir.g yea�s. Considering the process the City of Oror.o went through to achieve a well-balar.ced plan, it would not be in the best interest of the City or the School District to amend its plan at this time or in thc irimedia�e future. It is also our belief that offering a quality education program, while sustaining fiscal responsibility, is of the ut.:nost im�ortance to all of us. You are to be co:n��nended in neari_ng the com�letion of retirinq 17 million dollars worth of school builc:ing bonds �t a time when the school student population has not declined as has student population at other school� in the �^.etro area. If you have any questions, please feel fyee to call r.�e at m?� office , 473-7358 . Sincere��, ��`�� Walt� R. �erison Cit Ad:ninistrator cc : M�tr:.t�o]_itan Council , M�tro��olitan Aa��te Cor�trcl Cor:��issic;n , Cur.riif_ Koz:��k , Orono .�',c}��ol Board, Ur�no Council , Mayor� Var: t::�st � ; R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 27 , 1981 Page 31 Mayor Van Nest moved, Hurr seconded, that the Al1 BILLS* Funds Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (5) - Nays (0) . Butler moved, Hannah seconded, that the meeting be ADJOURNMENT adjourned at 11 : 20 P.M. Motion, Ayes (5) -- Nays (0) . Y / �1� , - William B. Van Nest, Mayor Attest : ��G�J�� Alberta Strom, City Clerk